论医疗机构的安全保障义务.pdfVIP

Abstract As a special medical services place, medical institutions how to provide security obligation within a reasonable scope for the person and property of the patient and those who come into this services places reasonable ，it is the problem that must be solved in medical service. These types of legal disputes are generally be treated as medical tort dispute previously is improper. According to the regulation of article six of the Interpretation of Certain Problems on Applicable Law to Compensation for Personal Injury of the Supreme Peoples Court and the thirty-seventh clause of Tort Law: the medical institutions are responsible for the security obligation to the damage of people and property of patients and other personnel in medical institutions service places due to non-medical services. Security obligation of the medical institutions refers to the duty which the medical institutions in the medical service places to the personal and property safety of patients, potential patients or others who access to the venue reasonably shall bear the obligation of guaranteeing their safety. The security obligation of medical institutions should adopt fault liability principle. That is to say, the medical institutions are responsible for security obligation only when their fault case to that. If there is no fault, there is no responsibility. To fault should use obj ective fault theory to analyze, medical institution violates the obligation of safety guarantee of the fault is that medical institutions in the obj ective behavior violates the obligation of safety guarantee, does not need to consider the subj ective standard of medical institutions.The following three conditions: the conduct of the medical institutions violate the obligation; fact of damage; cause-effect relationship between conduct vio